NCJ Number
58345
Journal
University of Toledo Law Review Volume: 10 Issue: 2 Dated: (WINTER 1979) Pages: 419-464
Date Published
1979
Length
46 pages
Annotation
AN EXAMINATION IS MADE OF THE USE OF COURT-APPOINTED EXPERTS, OR MASTERS, TO ENSURE THAT COURT-ORDERED INSTITUTIONAL REFORM IS CARRIED OUT.
Abstract
ALTHOUGH THE APPOINTMENT OF SUCH PERSONS IS NOT A PANACEA FOR ACHIEVING NEEDED INSTITUTIONAL REFORM, MASTERS HAVE PROVEN VERY EFFECTIVE IN HELPING JUDGES ENSURE THAT REALISTIC REFORMS ARE IMPLEMENTED. SINCE FEDERAL JUDGES DO NOT HAVE THE TIME REQUIRED TO OVERSEE THE PROCESS OF INSTITUTIONAL REFORM, THEY HAVE APPOINTED EXPERTS AS 'APPROPRIATE INSTRUMENTS REQUIRED FOR THE PERFORMANCE OF THEIR DUTIES,' PURSUANT TO THE PROVISIONS OF RULE 53 OF THE FEDERAL RULES OF CIVIL PROCEDURE. SUCH EXPERTS CAN BE APPOINTED BY THE COURTS IN ADVANCE OF A COURT FINDING OF CONSTITUTIONAL VIOLATION, AFTER A VIOLATION HAS BEEN FOUND BUT BEFORE THE ISSUANCE OF A REMEDIAL DECREE, AND AFTER A DECREE HAS BEEN IMPLEMENTED. A DISCUSSION OF THE LEGAL PRECEDENTS AND COURT CASES INVOLVING THE APPOINTMENT OF SUCH EXPERTS IS PROVIDED TO SHOW THAT THERE IS A DEARTH OF JUDICIAL OPINION DISCUSSING THE PROPRIETY OF USING MASTERS IN CASES OF COURT-ORDERED INSTITUTIONAL REFORM. HOWEVER, THERE ARE DISTINCT ADVANTAGES TO USING MASTERS AT ANY ONE OF THE THREE POINTS OF APPOINTMENT. BUT SINCE THEIR APPOINTMENT REQUIRES INTERVENTION INTO THE OPERATIONS OF STATE INSTITUTIONS, AND MAY UNDERMINE THE AUTHORITY OF INSTITUTIONAL ADMINISTRATORS, SOME COURTS HAVE CAREFULLY LIMITED THE DEGREE TO WHICH THESE MASTERS CAN INTERVENE. IN ADDITION, USE OF SUCH EXPERTS CAN BE EXPENSIVE. CONSIDERATION MUST BE GIVEN TO THE TYPE AND NUMBER OF EXPERTS REQUIRED IN A PARTICULAR CASE, THE ROLE AND RESPONSIBILITIES OF SUCH EXPERTS, AND THE ETHICAL AND PROFESSIONAL RESTRAINTS UPON THE EXPERTS. (KCP)